On November 20, 2019, the National Assembly officially passed the 2019 Labor Code, which includes many provisions being stipulated for the first time. The definition of the act of "employment discrimination" is one of the notable new contents in this Code.
Article table of contents
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To be specific, according to Clause 8 Article 3 of the Labor Code 2019, the act of discrimination in labor is defined as follows:
“8. Discrimination in labor is the act of differentiating, excluding, or giving preference based on race, skin color, national or social origin, ethnicity, gender, age, maternity status, marital status, religion, belief, political opinion, disability, family responsibilities, or based on HIV status or the reason of establishment, joining, and operation of labor unions, labor organizations at enterprises that affect equality of employment or occupational opportunities.
Differentiation, exclusion, or preference derived from the specific requirements of the job and acts of maintaining or protecting employment for vulnerable employees shall not be considered discrimination.”
Previously, in the Labor Code 2012, the act of discrimination was mentioned but no specific definition was provided, only scattered across some articles as one of the prohibited acts, for example:
“Article 8. Prohibited Acts
1. Discriminating on the basis of gender, ethnicity, skin color, social composition, marital status, belief, religion, HIV status, disability, or for the reason of establishment, joining, and operation of labor unions.”
And in Clause 2 Article 57 concerning the Rights and obligations of labor outsourcing parties:
“2. Not to discriminate in labor conditions between outsourced workers and their own employees.”
Thus, with the formal introduction of the definition of the act of Discrimination in labor into the Labor Code 2019, in the future, employees and employers will have a basis to adjust their behaviors accordingly, and relevant authorities will also have a clear basis to identify violations and handle them according to the legal regulations.
For detailed information on the new points, refer to the Labor Code 2019 effective from January 1, 2021.
Toan Trung
